R2021-67 Interlocal Agreement with PBC School Board for Use of FacilitiesRESOLUTION 2021-67
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA FOR THE
RECIPROCAL USE OF FACILITIES BY THE VILLAGE AND THE
CONSERVATORY SCHOOL AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village and the School Board wish to enter into an Interlocal Agreement to provide for
the use of the Village's parks and recreation facilities by the The Conservatory School and the use of the
The Conservatory's facilities by the Village and set forth the terms and conditions of such use; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves an Interlocal Agreement with the School Board of
Palm Beach County, Florida, for the use of the Village's facilities by The Conservatory School and the
use of the The Conservatory School's facilities by the Village, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on
behalf of the Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 12TH DAY OF AUGUST, 2021.
(Village Seal)
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AYOR
ATTEST:
VILLAGE ERK
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INTERLOCAL AGREEMENT BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE USE OF FACILITIES
This Interlocal Agreement is made this 16.11% -day of Aug Wst- ,
2021, between the Village of North Palm Beach, a municipal corporation of the State of
Florida ("Village") and the School Board of Palm Beach County, Florida, a corporate body
politic pursuant to the Constitution of the State of Florida ("Board"), each one constituting
a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
WHEREAS, the Village and Board recognize the benefits to be derived by utilizing
each other's facilities thereby minimizing the duplication of facilities; and
WHEREAS, the parties recognize that The Conservatory School at North Palm
Beach ("School") specially benefits from the longstanding positive relationship with the
Village and the ability to use Village facilities for The Conservatory School's activities and
programs; and
WHEREAS, Board would like to use the Village's parks and recreation facilities for
school related activities and programs when not in use by the Village; and
WHEREAS, the Village desires to assist the Board in its efforts to provide world-
class programs and offerings to our students;
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
2. Purpose.
The purpose of this Agreement is to enable the Board and Village to utilize each
other's facilities.
3. Definitions.
A. The term "Board Facility" shall mean the parking lots, cafeteria, and
playgrounds located at The Conservatory School at North Palm Beach.
B. "Village Facilities" and "Village Facility" mean facilities owned or operated
by the Village that are made available for public use by the Village and are used primarily
for recreational activities, excluding facilities that are leased, licensed or under the
contractual control of others. The terms "Village Facilities" and "Village Facility" shall
mean Anchorage Park, Osborne Park, North Palm Beach Community Center (F.K.A.
Delacorte Park) and the athletic fields at any of these parks.
C. "Facilities" means the Board Facility and Village Facilities.
D. "Priority of Use" means the priority of uses when there are conflicting
requests for the use of a Facility.
and
For Board Facilities, the Priority of Use shall be as follows:
Board activities and programs or Board facility lease agreements;
2. Village programs pursuant to this Agreement.
For Village Facilities, the Priority of Use shall be as follows:
Village activities and programs or Village facility rental agreements;
Board activities and programs pursuant to this Agreement.
4. Use of Facilities by the Parties.
A. The Board agrees to make the Board Facility available for use by the Village
according to the Priority of Use at no cost or expense to the Village, except as otherwise
provided for in this Agreement. The Village's use of the Board Facility shall be subject to
and in accordance with: (i) the terms and conditions of this Agreement, including but not
limited to Exhibit "B" which may be amended or supplemented from time to time upon the
mutual written agreement of the Board's Chief Operating Officer and the Village Manager
or his or her designee without formal amendment hereto; (ii) the Board's rules, regulations
and policies governing the use of the Board Facilities; (iii) any grant or bond obligations
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pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and
federal laws.
B. The Village agrees to make available the Village Facilities for use by the
Board according to the Priority of Use at no cost or expense to the Board, except as
otherwise provided for in this Agreement.
The Board's use of the Village Facilities shall be subject to and in accordance with:
(i) the terms and conditions of this Agreement; (ii) the Village's rules, regulations and
policies governing the use of the Village's Facilities; (iii) any grant or bond obligations
pertaining to the use of any of the Village Facilities; and (iv) all applicable local, state and
federal laws.
C. The Board and Village -represent and warrant that they shall be responsible
for monitoring and complying with all CDC and OSHA regulations and guidance, and
other federal, state and local regulations and guidance for responding to COVID-19 during
the event period. This includes, but is not limited to regulations and guidelines related to
cleaning and disinfecting during the event, promoting efforts that reduce the spread of
COVID-19, providing healthy environments for all persons attending or participating in the
event, protecting communal spaces and arranging for food service. Neither the School
Board nor the Village shall be responsible for any costs associated with the other party's
duty to comply with COVID-19 regulations and guidelines as mandated by the terms of
this Agreement. Additionally, neither the School Board nor the Village shall be responsible
for monitoring or enforcing the other party's compliance with CDC and OSHA regulations
and guidance, and other federal, state and local regulations and guidance for responding
to COVID-19 during the event. Each party shall be responsible for any claims, expenses,
liabilities, losses or damages resulting from that party's failure to comply with CDC and
OSHA regulations and guidance, and other federal, state and local regulations and
guidance for responding to COVID-19 during the event or as a result of a breach of the
terms of this Agreement.
D. The Village shall submit all requests for use of the Board Facilities in writing
on the form attached hereto as Exhibit "A" to the Principal of the School or his or her
designee no less than thirty (30) days prior to the date that the Village desires to use the
Board Facility. The Board shall be responsible for ensuring that a written response to the
request is provided to the Village within fifteen (15) days of the date of the request. In the
event a request is denied, the reason for denial shall be stated in the written response.
The Board reserves the right to deny use of the Board Facility if that particular Board
Facility has been selected to remain closed during the summer.
E. The Board shall submit all requests for use of the Village Facilities in writing
on the form attached hereto as Exhibit "A" to the Village Manager or his or her designee,
no less than thirty (30) days prior to the date that the Board desires to use the Village
Facility. The Village shall be responsible for ensuring that a written response to the
request is provided to the Board within fifteen (15) days of the date of the request. In the
event a request is denied, the reason for denial shall be stated in the written response.
The Village reserves the right to deny use of the Village Facility if that particular Village
Facility has been selected to close for renovations or maintenance.
F. Notwithstanding the requirements set forth in Paragraphs 4.D. and 4.E.
above, in the event that a need to use a Facility arises less than thirty (30) days prior to
the date the Village or Board Facility is needed, the Village or Board, as applicable, will
use reasonable efforts to expedite the review of and accommodate such request to the
extent practicable under the circumstances.
G. The Board and Village acknowledge the waiver of sovereign immunity for
liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial
waiver of sovereign immunity, and acknowledge that such statute permits actions at law
to recover damages in tort for money damages up to the limits set forth in such statute
for death, personal injury or damage to property caused by the negligent or wrongful acts
or omissions of an employee acting within the scope of the employee's office or
employment. The Board and Village agree to be responsible for all such claims and
damages, to the extent and limits provided in Florida Statutes Section 768.28, arising
from the actions of their respective employees. The parties acknowledge that the
foregoing shall not constitute an agreement by either party to indemnify the other, nor a
waiver of sovereign immunity, nor a waiver of any defense the parties may have under
such statute, nor as consent to be sued by third parties.
H. Without waiving the right to sovereign immunity, the parties acknowledge
that they are self-insured for commercial general liability and automobile liability in the
amounts specified in Florida Statutes Section 768.28, as may be amended from time to
time. In the event either party maintains third -party commercial general liability or
business automobile liability insurance in lieu of exclusive reliance on self-insurance, the
party maintaining the third -party insurance shall maintain limits of not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury or property damage
The parties agree to maintain or to be self-insured for worker's compensation and
employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may
be amended from time to time. Each party agrees to provide the other party with an
affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign
immunity status, which the parties agree to recognize as acceptable for the above -
referenced coverages. Compliance with the requirements of this paragraph shall not
relieve the parties of their liability and obligations under this Agreement.
I. Each party agrees to provide adequate supervision of its own activities to
prevent bodily harm to the users and damage to the Facilities, taking into consideration
the types of activities planned, when using the other's Facilities.
J. In the event the Facilities are damaged, the party using the Facilities of the
other party shall promptly notify the other party in writing of the damage and shall
reimburse the other party for the actual costs to repair the damage. Reimbursement shall
be made within sixty (60) days of a written request for reimbursement of costs.
K. The Facilities shall be surrendered by the party using the Facilities of the
other party in the same condition as they were accepted and shall cause to be removed
from the Facilities all waste, garbage and rubbish resulting from such party's use of the
Facilities.
L. The Village may use a Board Facility or other Board -owned and controlled
facility for a one-time Village meeting or annual Village -sponsored community event with
prior written authorization from the Board's Area Superintendent and the Board's Chief
Operating Officer, or designee, provided that the event benefits the community or student
population. Such events shall have the same priority as the Village's other uses of the
Board Facilities set forth in this Agreement.
M. The Board may use a Village Facility or other Village -owned and controlled
facility for a one-time Board meeting or annual Board -sponsored community event with
prior written authorization from the Village Manager or designee, provided that the event
benefits the community or student population. Such events shall have the same priority
as the Board's other uses of the Village Facilities set forth in this Agreement. - - -
N. Notwithstanding any provision of this Agreement to the contrary, the Board
shall not be obligated to make the Board Facility available for use for summer camps,
tournaments, travel team practices or games or any events where admission, vendor fees
and or charges will be collected or imposed by the Village. These events shall require
the parties to enter into a lease for use of the Board Facility and the payment of all fees,
all in accordance with Board Policy 7.18.
5. Maintenance/Repair of Facilities.
The parties acknowledge and agree that either party may deny a request for use
of a Facility to perform maintenance or repairs to the Facility.
6. Dispute Resolution.
In the event an issue arises which cannot be resolved between the School's
Principal and the Village's Director of Leisure Services or his or her designee regarding
the use or availability of a Facility, the dispute shall be referred to the Board's Chief
Operating Officer and the Village Manager who shall both make a good faith effort to
resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree
to try in good faith to settle the dispute by mediation before resorting to litigation.
Acceptance of Facilities.
Neither party shall be required to make any improvements or repairs to the
Facilities as a condition of use of the Facilities by the other party. The parties shall accept
the Facilities in their "As Is", "Where Is" condition. The parties acknowledge and agree
that neither party has made any warranties or representations to the other party regarding
the Facilities, including, but not limited to, any representations or warranties regarding the
suitability of the Facilities for use by the other party.
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8. License.
Notwithstanding any provision of this Agreement to the contrary, the use of the
Facilities by either of the parties shall only amount to a license to use the Facilities on a
non-exclusive basis, which license shall be revocable by the party licensing the use for
any reason whatsoever. The parties agree that nothing in this Agreement shall be
construed as granting either party any title, interest or estate in the Facilities.
9. Default.
The parties agree that, in the event either party is in default of its obligations under
this Agreement, the non -defaulting party shall provide to the defaulting party thirty (30)
days written notice to cure the default. In the event the defaulting party fails to cure the
default within the thirty (30) day cure period, the non -defaulting party shall be entitled to
seek any remedy available to it at law or equity, including, but not limited to, the right to
terminate this Agreement and seek damages, if any.
10. Termination.
Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated by either party: (i) without cause upon thirty (30) days prior written
notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure
period provided for in Paragraph 9 above.
11. Annual Appropriation.
Each party's performance and obligations under this Agreement shall be
contingent upon an annual budgetary appropriation by its respective governing body for
subsequent fiscal years.
12. Notice.
All notices required to be given under this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
IF TO Village:
Village of North Palm Beach
ATTN: Village Manager
501 US Highway 1
North Palm Beach, FL 33408
IF TO BOARD:
Planning and Intergovernmental Relations
ATTN: Director
3661 Interstate Park Road N, Suite 200
Riviera Beach, FL 33404
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13. Governing Law and Venue.
This Agreement shall be construed by and governed by the laws of the State of
Florida. The parties agree that any controversies or legal disputes arising out of this
Agreement and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial
Circuit of Palm Beach County, Florida. If any action at law or in equity is brought to
enforce or interpret the provisions of this Agreement, each party shall be responsible for
their own attorney's fees and costs incurred.
14. Subordination to Bond and Grant Obligations
The parties acknowledge that certain Facilities may be subject to bond covenants
and restrictions or grant obligations and agree that this Agreement shall be subject and
subordinate to any such covenants, restrictions and obligations. Notwithstanding any
provision of this Agreement to the contrary, the parties shall not be obligated to make any
Facility available for use by the other party in a manner which either party has determined,
in its sole discretion, would be contrary to any of its bond or grant obligations, including,
but not limited to, making any of the Facilities available at no cost when such an action
would be contrary to either party's bond or grant obligations.
15. Equal Opportunity Provision.
The parties agree that no person shall, on the grounds of race, color, sex, age,
national origin, disability, religion, ancestry, marital status, familial status, sexual
orientation, gender, gender identity or expression be excluded from the benefits of, or be
subjected to any form of discrimination under any activity carried out by the performance
of this Agreement.
16. Captions.
The captions and section designations set forth herein are for convenience only
and shall have no substantive meaning.
17. Severability.
In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. Entirety of Agreement.
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement.
19. Incorporation by Reference.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Agreement by reference.
20. Amendment.
Except as otherwise provided for in this Agreement, this Agreement may be
modified and amended only by written instrument executed by the parties hereto.
21. Waiver.
No waiver of any provision of this Agreement shall be effective against any party
hereto unless it is in writing and signed by the party waiving such provision. A written
waiver shall only be effective as to the specific instance for which it is obtained and shall
not be deemed a continuing or future waiver.
22. Construction.
Neither party shall be considered the author of this Agreement since the parties
have participated in extensive negotiations and drafting and redrafting of this document
to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
23. Filing.
A copy of this Agreement shall be recorded with the Clerk of the Circuit Court in
and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes.
24. Effective Date/Term.
This Agreement shall become effective when signed by both parties, and recorded
with the Clerk of the Circuit Court in and for Palm Beach County. The term of this
Agreement shall be for a period of one (1) year and shall be automatically renewed up to
four (4) additional consecutive one (1) year terms, unless either party provides a written
notice of intent to terminate the Agreement to the other party pursuant to Paragraph 10.
25. Prohibition Against Alcohol, Tobacco and Drones.
The manufacture, distribution, dispensation, possession, consumption or use of
alcohol, tobacco products of any kind, e -cigarettes or controlled substances on Village or
School Board -owned property is strictly prohibited and violation of this provision shall be
a material breach of this Agreement. No unmanned aerial vehicles of any kind, also
known as drones, shall be permitted on or about Village or School Board -owned property.
Violation of this provision by any person associated with the Village shall be just cause
for termination of the Village's privilege to use any Board Facility in the future.
26. Inspector General.
The Village agrees and understands that the School Board's Office of Inspector
General ("School Board's Inspector General") shall have immediate, complete and
unrestricted access to all papers, books, records, documents, information, personnel,
processes (including meetings), data, computer hard drives, emails, instant messages,
facilities or other assets owned, borrowed or used by the Village with regard to this
Agreement. The Village employees, vendors, officers and agents shall furnish the School
Board's Inspector General with requested information and records within their custody for
0
the purposes of conducting an investigation or audit, as well as provide reasonable
assistance to the School Board's Inspector General in locating assets and obtaining
records and documents as needed for investigation or audit relating to this Agreement.
Furthermore, the Village understands, acknowledges and agrees to abide by School
Board Policy 1.092.
Similarly, in accordance with Palm Beach County ordinance number 2011-009, the
School Board acknowledges that this Agreement may be subject to investigation and/or
audit by the Palm Beach County Inspector General. The School Board has reviewed
Palm Beach County ordinance number 2011-009 and is aware of its rights and/or
obligations under such ordinance.
27. No Third Party Beneficiaries.
No provision of this Agreement is intended to, or shall be construed to, create any
third party beneficiary or to provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or employees of the Village and/or
Board.
28. Liens.
Each party's respective interest in the Facilities shall not be subject to liens arising
from the others' use of the Facilities, or exercise of the rights granted hereunder. Each
party shall promptly cause any lien imposed against the Facility of the other party relating
to the use of Facilities under this Agreement to be discharged or transferred to bond.
29. No Agency Relationship.
Neither party is an agent or servant of the other. No person employed by either
party to this Agreement, shall in connection with the performance of this Agreement or
any services or functions contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or entitlement to any
pension, worker's compensation benefit, unemployment compensation, civil service, or
other employee rights or privileges granted by operation of law or otherwise, except
through and against the party by whom they are employed.
30. Records.
Each party shall maintain its own respective records and documents associated
with this Agreement in accordance with the records retention requirements applicable to
public records. Each party shall be responsible for compliance with any public documents
request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant
award of attorney's fees for non-compliance with that law.
31. Survival.
Provisions contained in this Agreement that, by their sense and context, are
intended to survive the suspension or termination of this Agreement, shall so survive.
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32. Waiver of Jury Trial.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
33. Each Person signing this Agreement on behalf of either party individually warrants
that he or she has full legal power to execute this Agreement on behalf of the party for
whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
VILLAGE OF NORTH PALM BEACH SCHOOL BOARD OF PALM BEACH
FLORIDA COUNTY, FLORIDA
By:,� By:
r� R^'Q'�
Darryl
Mayor Frank A. Barbieri, Jr., Es 0-hairman
. k"
`ATTEST:,
essica Green
vvv Village Clerk
Date: � 11-2-12-1
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Village Attorney
V 11-2- � ? 1
Village Council Meeting Date
11
ATTEST:
/ y Y
1. Mi hae J. Burke
Superintendent
Date:
/Z312.,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
School Board Attorney
School Board Meeting Date
EXHIBIT "A"
The Village of North Palm Beach and The School Board of Palm Beach County
INTER -LOCAL FACILITY REQUEST FORM
Phone Number
FACILITY REQUEST:
Choice #1
Contact Person
Fax Number
Village
Choice #2
School Name (if applicable)
Other Contact Number
State/ZIP
Activity Age Group
Estimated Attendance:
Participants: Spectators: Total:
Mark appropriate day(s) facility will be needed:
❑Monday E'Tuesday EWednesday ❑Thursday Ci Friday ❑Saturday ❑Sunday
Time(s): From:
❑ New Request
❑ Repeat Request:
Date and location of previous use:
Other pertinent information (as necessary):
am/pm To:
am/pm
Requesting Principal Date
Director of Recreation Services
........................................................................................................................................
❑ Approve Disapprove
Reason if disapproved:
J Principal
❑ Director of Recreation Services
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Date
EXHIBIT "B"
School Board of Palm Beach County Standard Facility Operating Hours
The Board agrees to make the Board Facility available for use by the Village according to the Priority
of Use, at no cost to the Village and in accordance with the following maximum operational hours for
indoor and outdoor Board Facilities
When School is in session:
Weekdays (Mon thru Fri)
Saturdays:
Sundays:
School Parking Lots, Cafeteria, and Playgrounds
From the close of school Aftercare until 9:30 pm
School Parking Lots
Cafeteria upon Request
From 8:00 am to 9:30 pm
School Parking Lots
Cafeteria upon Request
From 8:00 am to 1:00 pm
When School is out of session (Summer Break and Spring Break):
Weekdays (Monday through Thursday): School Parking Lots
From 8:00 am until 9:30 pm
Fridays, Saturdays, Sundays: Closed
School Holidays and Winter Break:
The Board Facility will be closed the day of the school holiday plus any immediately preceding or
following weekend days (i.e. the weekend preceding a Monday National Holiday or following
Thanksgiving. The Board Facility will also be closed forthe entire Winter Break (traditionally beginning
on the Saturday prior to Christmas and extending through the Sunday following New Year's).
The maximum operational hours may be amended from time to time upon the mutual agreement of
the Board's Chief Operating Officer and Village Manager or his or her designee.
Village of North Palm Beach Hours of Operation
Village agrees to make facilities available for use by the Board according to the Priority of Use, at no
cost to the Board and in accordance with the maximum operational hours for indoor and outdoor
Village's facilities.
Village will make the Park facilities available for use by the School Board during normal hours of
operation, as posted on the Village website.
The maximum operational hours may be amended from time to time upon the mutual agreement of
the Board's Chief Operating Officer and Village Manager or his or her designee.
13STATE OF FLORIDA PALM BEACH COUNTY
I hereby certify that the foregoing is a
true copy of the record in my office with
eke redactions, i{ any as required by law.
G1 n THIS /DAY OF 20 74
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CLERK OF THE UIT CO fRT &COMPTROLLER
By eputy C